I am an Austrian citizen, My wife parents filed 498a case with all false allegations after more than 2 year she left my house. I came to India & took a bail from Highcourt. My bail did not have any travel restrictions nor was asked to surrender my passport. So on May 4th while I am returning to Australia to report back at work, I was detained by immigration authorities stating LOC is in place on my name & was taken to Womens Police station, there after showing my bail they released me but they took my passport & submitted my passport to the local court. After lot of negotiations with my wife family, they agreed to withdraw all the cases for amount of 50Lakhs & I agreed to pay them to come out of all this hassles. The agreement was to pay 30Lakhs now and once I get all the divorces papers I need to pay rest of the money 20Lakhs. We filed 13B lastweek in the local session court, and My lawyer advised me to proceed with an application for squashing 498a in High court since both parties came on a mutual agreement. and he promised me he can get the 498a squash and LOC clearance from court in 3 days. Currently, I am in a lot of pressure from my company to report immediately (thats the reason I agreed to pay my wife family huge amount), I have a deadtime till may 10th from my company. We are planning to apply squash on 3rd may in High court. My questions: 1) How may days it will take for squashing 498a & to get LOC clearance from high court when the both parties have mutual agreement & have no-objections. 2) Once after getting LOC from the court, what is the best process to update it immediately in the immigration How many days it will take take to remove the flag in immigration. 3) My whole requirement is to travel as early as possible (I have just 10days to report in my company), am I going in the right track? or is there any best alternate process which I can return to Australia immediately. your kind assistance is much appreciated
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1) HC quashing should not take time if both parties are agreeable . exact number of days only your lawyer can guide you
2) obtain certified copy of quashing order passed by HC . it should not take much time in removing flag in immigriation
3) we cannot say whether whole process would be completed in 10 days or not
Hi, As per the latest Supreme Court Ruling you need not necessarily to file petition under section 482 Criminal Procedure Code quash the 498/a IPC.
2. The trial court has power to compound the case. So ask your wife to present in Trial Court and be present in the court make a statement in the Court that in view of the settlement arrived between the parties, 498/A case has to be withdrawn. after recording the statement of the both the parties the court can close the matter.
Dear Sir/Madam, u/s 498A of IPC FIR has not been quash the Hon'ble High Court at this stage, and the Hon'ble High Court may pleased to order that you have to approach jurisdictional criminal case pending court and to close the matter, as per my experience, you have to approach jurisdictional criminal case pending court and to lead evidence as hostile witness by way of evidence in the said criminal case, it is the easy to close the matter permanently. It will take own time, but your advocate has preponed the case and to lead evidence with help of Public Prosecutor/APP of the said court, it will finish one or two days it will depend upon your advocate and court timings. In regard Immigration it will depend upon the court order. In regard to duty report to the company, you have to take leave on the ground of Fever and etc., other wise you have to join and come once again to continue the matter and to finish as early as possible.
Dear Querist
My opinion on your queries are as under:
1) How may days it will take for squashing 498a & to get LOC clearance from high court when the both parties have mutual agreement & have no-objections.
Opinion: the quashing can be done on the day when the matter was listed before High Court if there is no objection from the wife.
2) Once after getting LOC from the court, what is the best process to update it immediately in the immigration How many days it will take take to remove the flag in immigration.
Opinion: File an application before the court or police for cancellation of LOC, after your bail they are bound to remove the LOC from your name in immigration department. They illegally took your passport after your bail.
3) My whole requirement is to travel as early as possible (I have just 10 days to report in my company), am I going in the right track? or is there any best alternate process which I can return to Australia immediately.
Opinion: file an application before the court where your case is pending and seeking permission to travel abroad due to your urgency for work purpose and the court will allow you to travel to abroad for your bread and butter without any delay, it is your fundamental right provided by Indian Constitution.
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1) If a petition is moved before high court for quashing the 498a either charge sheet or FIR, and if the defacto complainant files an affidavit expressing her no-objection to this and also states that the matter has been settled out of court with the receipt of initial payment, the high court consider quash immediately.
Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest,"
An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.
2) After a court order, when notified to the immigration department with a certified copy of the order, then the department shall release the ban immediately.
3) Before you retrieve your passport, you may not be able to return to Australia hence you may have to wait for quash by the high court after which you can apply for release of your passport from the concerned court.
1. Mutual quashing should not take longer than a month or two if both the parties are on the same page.
2. The certified copy of the court order is sufficient to repel all the adverse consequences that have arisen as a corollary to the LOC.
3. Engage a lawyer forthwith to expedite the process.
